T.Rangaraj v. The Chief Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.11.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.NO.22664 OF 2021 (Through Video Conferencing) T.Rangaraj ... Petitioner .Vs.
1. The Chief Secretary, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai - 600 009.
2. The Secretary, Planning and Development and Special Initiative Department, Secretariat, Chennai - 600 009.
3. The Project Director, Hill Area Development Program, Uthagamandalam.
4. The District Collector, Nilgiris, Uthagamandalam.
5. The Commissioner, Director of Rural Development and Panchayat Building, Saidapet, Chennai - 600 015.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order dated 10.03.2021 in Proc.No.Rc R3 19/2020 of the third respondent and quash the same and direct the third respondent not to vacate the petitioner from the quarters.
For Petitioner : Mr.J.Milton Arul Rajendran For Respondents : Mr.L.S.M.Hasan Fizal Government Advocate
ORDER
Mr.L.S.M.Hasan Fizal, learned Government Advocate takes notice on behalf of the respondents.
2. It is noticed that the petitioner had earlier filed a writ petition in W.P.No.27626 of 2019 which came to be disposed by an order dated 18.09.2019, by directing the third respondent to consider the proposal sent by the District Collector in his letter bearing Ref.No.D29696/2012 dated 06.11.2012 and to pass orders on merits and in accordance with law.
3. The third respondent has passed the order without considering the order of this Court dated 18.09.2019. That apart, it is noticed that the termination of the petitioner is without issuance of any show cause notice and without any reasoning.
4. Considering the same, the order passed by the third respondent terminating the petitioner from services is quashed and the case is remitted back to the respondents to pass appropriate orders on merits after giving appropriate notice to the petitioner.
5. If there is any justifiable cause to terminate the services of the petitioner, the respondents shall also consider the same and pass appropriate orders in terms of order dated 18.09.2019 in W.P.No.27626 of 2019 filed by the petitioner which considering the petitioner's representation. This exercise shall be carried out by the respondents within a period of three months from the date of receipt of a copy of this order.
6. This Writ Petition stands disposed of with the above observations. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rgm/arb
To 1.
The Chief Secretary, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai - 600 009.
2.
The Secretary, Planning and Development and Special Initiative Department, Secretariat, Chennai - 600 009.
3.
The Project Director, Hill Area Development Program, Uthagamandalam.
4.
The District Collector, Nilgiris, Uthagamandalam.
5.
The Commissioner, Director of Rural Development and Panchayat Building, Saidapet, Chennai - 600 015.
+1cc to Mr.P.Pattamuthu, Advocate, S.R.No.56966 +1cc to the Government Pleader, S.R.No.57692 W.P.NO.22664 OF 2021 SJ(CO) PBS/02/12/2021